Judge Hears 78 Cases In One Day To Clear Jail Of Probation Violators

Broward Circuit Judge Arthur Franza handled so many probation violators Tuesday that his clerk didn`t know how many had gone to prison and how many had been freed.

``Is tomorrow soon enough?`` asked the clerk, who had to keep track of 78 men and women Franza had ordered cleared from the roster of the Broward County Jail. The move was a virtual one-man effort by Franza to handle probation violation cases that had been contributing to overcrowding at the jail.

In a busy, freewheeling, all-day court session, Franza either gave the probation violators a second chance at freedom or sent them on to state prison. Thus far, the clerk`s tally has determined that at least 18 people have been put under probation again, while at least six others have been stripped of their probation and sent to prison.

Either way, Franza relieved the jail of 78 prisoners who had been sitting in jail for one to 10 days. The release of these inmates will help alleviate crowded jail conditions and open vacancies to people accused of more serious crimes.

Franza`s marathon session was necessitated by the hefty number of probation violators in the jail, plus the fact that most of the other 12 criminal division judges in Broward are away at a judge`s conference this week.

According to Franza, Chief Judge John Ferris had issued a memorandum last week declaring that the jail was 100 inmates over its legal maximum capacity. The Ferris memo asked the judges to dispose of as many of their cases as possible.

``In so much as the conference was already scheduled,`` Franza explained, ``and I had a trial plead out, which meant I was stuck with nothing to do, I took it on.``

Circuit Judges Harry Hinkley and Thomas Coker, who are not attending the conference and did not have any trials or hearings Tuesday, handled their own probation hearings.

Franza`s court proceeding was a crowded affair, with a small mob of probation officers accompanying the probation violators.

When another probation officer hedged as to whether to recommend release or prison for one of her charges, Franza broke in, ``Let`s assume she stole $2,059. And let`s assume she`s going to make restitution. What do you recommend?``

The hearing was truly a case of all or nothing.

``No, no,`` Franza said at the suggestion of a limited jail term for one probation violator evidentally considered by the probation officer to be a borderline subject. ``The whole purpose of this is to get him out of jail. It`s either nothing or a year in state prison.``